[Congressional Record (Bound Edition), Volume 156 (2010), Part 8]
[House]
[Pages 10729-10731]
[From the U.S. Government Publishing Office, www.gpo.gov]




                              {time}  1715
               SMALL BUSINESS JOBS TAX RELIEF ACT OF 2010

  The SPEAKER pro tempore. Pursuant to clause 1(c) of rule XIX, 
proceedings will now resume on the bill (H.R. 5486) to amend the 
Internal Revenue Code of 1986 to provide tax incentives for small 
business job creation, and for other purposes.
  The Clerk read the title of the bill.


                           Motion to Recommit

  Mr. CAMP. Mr. Speaker, I have a motion to recommit at the desk.
  The SPEAKER pro tempore. Is the gentleman opposed to the bill?
  Mr. CAMP. I am, in its present form.
  The SPEAKER pro tempore. The Clerk will report the motion to 
recommit.
  The Clerk read as follows:

       Mr. Camp moves to recommit the bill H.R. 5486 to the 
     Committee on Ways and Means with instructions to report the 
     same back to the House forthwith with the following 
     amendment:
       At the end, add the following:

                     Subtitle C--Health Provisions

     SEC. 541. REPEAL OF INDIVIDUAL HEALTH INSURANCE MANDATE.

       Section 5000A is amended by adding at the end the following 
     new subsection:
       ``(h) Termination.--Subsections (a) and (b) shall not apply 
     with respect to any month beginning after the date of the 
     enactment of this subsection.''.

  Mr. CAMP (during the reading). Mr. Speaker, I ask unanimous consent 
to dispense with the reading.
  Mr. LEVIN. I reserve a point of order.
  The SPEAKER pro tempore. A point of order is reserved.
  Is there objection to the request of the gentleman from Michigan?
  There was no objection.
  The SPEAKER pro tempore. Pursuant to the rule, the gentleman from 
Michigan is recognized for 5 minutes in support of his motion.
  Mr. CAMP. Mr. Speaker, with the unemployment rate stuck at nearly 10 
percent, far too many Americans and small businesses are struggling to 
get by. While the bill before us contains some very limited benefits, 
it does little to help small businesses create the jobs so many 
Americans desperately need.
  The motion to recommit the underlying bill keeps the underlying bill 
intact and provides real help to Americans by repealing one of the most 
onerous provisions of the new health care law, the individual mandate 
that, while exempting illegal immigrants, forces Americans to buy 
government-approved health insurance or pay a tax if they don't.
  The Federal Government has never required its citizens to purchase a 
particular product before, and doing so with health insurance violates 
the basic principles of freedom and individual choice. No American 
should be forced to buy or purchase health insurance they don't want or 
can't afford.
  This provision is so controversial that 20 States and the Nation's 
leading small business organization, the National Federation of 
Independent Business, have filed a lawsuit questioning its 
constitutionality. While legal experts will soon start arguing that 
case, we already know that the individual mandate tax penalty will fall 
hardest on middle- and low-income Americans.
  According to the Congressional Budget Office, in 2016, nearly 75 
percent of the Americans who pay this tax will have household incomes 
below 500 percent of the Federal poverty level. That's roughly $73,000 
for a married couple with no children. CBO also tells us that the 
Democrats' health care law will increase premiums for millions of 
Americans by up to 13 percent. That's a premium increase of about 
$2,100.
  As the Democrats' health care bill drives up the cots of health care 
premiums even higher, it will become more and more unaffordable for 
American families to comply with the mandate. Repealing this mandate 
will directly benefit millions of Americans and uphold the freedoms 
upon which this Nation was founded. It has the added benefit of 
eliminating the need for the IRS to hire thousands of additional 
employees, possibly as many as

[[Page 10730]]

16,000, just to enforce the new health care law.
  The recently enacted health care law is bad for workers, bad for 
employers, and bad for America. Clearly, we need to repeal and replace 
this law with commonsense reforms that will actually lower health care 
costs and let Americans keep the plan they have and like.
  And let me remind my colleagues of a quote from then-Presidential 
candidate Barack Obama. And I quote, ``A mandate means that in some 
fashion everybody will be forced to buy health insurance. . . . But I 
believe the problem is not that folks are trying to avoid getting 
health care. The problem is they can't afford it.''
  This health care law increases premiums by $2,100 for millions of 
American families and requires them to buy this government-approved 
insurance that they cannot afford.
  I urge my colleagues to stand with the American people and vote for 
the motion to recommit.
  I yield back the balance of my time.
  Mr. LEVIN. Mr. Speaker, I withdraw my reservation of the point of 
order, and I rise in opposition to the motion.
  The SPEAKER pro tempore. The gentleman from Michigan withdraws his 
reservation.
  The gentleman is recognized for 5 minutes.
  Mr. LEVIN. Colleagues, individual responsibility is a cornerstone of 
health reform to ensure that every American has affordable health 
insurance coverage, and that's why it was included in the GOP 1994 
reform. So this is nothing more, nothing more than a disingenuous 
political stunt to undermine health reform.
  Without individual responsibility, it would mean that we could not 
eliminate exclusions for preexisting conditions. We could not prohibit 
insurers from refusing to cover someone when they apply. We could not 
prohibit insurance companies from charging more when you get sick. And 
according to the CBO, if this were to pass, it would result in the loss 
of coverage for more than 16 million Americans: 6 million of the most 
needy among us, 5 million who would lose their insurance from their 
employers, 5 million who would lose individual insurance. It would 
raise health insurance premiums for every American buying coverage 
through the exchange by nearly 20 percent.
  This is a small business bill, and it would hurt small business. It 
would reduce assistance to them to provide health care to their 
workers, and it would increase taxes on individuals and employers who 
failed to cover their workers. This is misguided, period. We should 
defeat this in a round fashion.
  Now I yield to the gentleman from New Jersey (Mr. Andrews).
  Mr. ANDREWS. Mr. Speaker, this amendment, this motion is a guaranteed 
increase in middle class health insurance premiums for all Americans. 
If that's what you want, you should vote for it. But you know, when a 
person goes to the emergency room and is uninsured, doesn't have health 
insurance, they get health care. The question is who pays the bill.
  The provision that is before us from the minority party says that 
insured middle class Americans should pay the bill. The law the 
President signed in March says something very different. It says that 
everyone has the responsibility to earn and pay for, at a reasonable 
price, their own health insurance.
  The question is not whether uninsured people get care; the question 
is whether insured middle class people pay for it or not. The question 
is whether when someone has breast cancer or asthma and is turned away 
because of a preexisting condition that we will be able to insure that 
person at regular premiums. If you don't have nearly everyone insured, 
you can't do that.
  So if you think that middle class people paying other people's bills 
is the right way to go, this is your motion. If you think that we 
should no longer provide health insurance coverage for those with a 
preexisting condition, then ``yes'' is your vote.
  Our opponents talk of freedom. I think it's time that middle class 
Americans were free from paying other people's bills and paying for the 
insurance company mandates. So if that's your version of health care 
reform, and I believe that's the majority of Americans, then your vote 
is ``no.''
  Mr. LEVIN. I urge a resounding ``no'' vote, and therefore I happily 
yield back the balance of my time.
  The SPEAKER pro tempore. Without objection, the previous question is 
ordered on the motion to recommit.
  There was no objection.
  The SPEAKER pro tempore. The question is on the motion to recommit.
  The question was taken; and the Speaker pro tempore announced that 
the noes appeared to have it.


                             Recorded Vote

  Mr. CAMP. Mr. Speaker, I demand a recorded vote.
  A recorded vote was ordered.
  Pursuant to clause 8 and clause 9 of rule XX, this 15-minute vote on 
the motion to recommit will be followed by 5-minute votes on passage of 
H.R. 5486, if ordered, and suspension of the rules with regard to House 
Resolution 1322.
  The vote was taken by electronic device, and there were--ayes 187, 
noes 230, not voting 15, as follows:

                             [Roll No. 362]

                               AYES--187

     Aderholt
     Akin
     Alexander
     Altmire
     Austria
     Bachmann
     Bachus
     Bartlett
     Barton (TX)
     Biggert
     Bilbray
     Bilirakis
     Bishop (UT)
     Blackburn
     Blunt
     Boehner
     Bonner
     Bono Mack
     Boozman
     Boren
     Boucher
     Boustany
     Brady (TX)
     Bright
     Broun (GA)
     Brown-Waite, Ginny
     Buchanan
     Burgess
     Burton (IN)
     Buyer
     Calvert
     Camp
     Campbell
     Capito
     Carter
     Cassidy
     Castle
     Chaffetz
     Chandler
     Childers
     Coble
     Coffman (CO)
     Cole
     Conaway
     Crenshaw
     Critz
     Culberson
     Davis (KY)
     Davis (TN)
     Dent
     Diaz-Balart, L.
     Diaz-Balart, M.
     Djou
     Dreier
     Duncan
     Edwards (TX)
     Ehlers
     Emerson
     Flake
     Fleming
     Forbes
     Fortenberry
     Foxx
     Franks (AZ)
     Frelinghuysen
     Gallegly
     Garrett (NJ)
     Gerlach
     Gingrey (GA)
     Goodlatte
     Granger
     Graves (GA)
     Graves (MO)
     Griffith
     Guthrie
     Hall (TX)
     Harper
     Hastings (WA)
     Heller
     Hensarling
     Herger
     Holden
     Hunter
     Issa
     Jenkins
     Johnson (IL)
     Johnson, Sam
     Jones
     Jordan (OH)
     King (IA)
     King (NY)
     Kingston
     Kirk
     Kline (MN)
     Lamborn
     Lance
     Latham
     LaTourette
     Latta
     Lee (NY)
     Lewis (CA)
     LoBiondo
     Lucas
     Luetkemeyer
     Lummis
     Lungren, Daniel E.
     Mack
     Manzullo
     Marchant
     Marshall
     McCarthy (CA)
     McCaul
     McClintock
     McCotter
     McHenry
     McIntyre
     McKeon
     McMorris Rodgers
     Mica
     Miller (MI)
     Miller, Gary
     Minnick
     Moran (KS)
     Murphy, Tim
     Neugebauer
     Nunes
     Nye
     Olson
     Paul
     Paulsen
     Pence
     Peterson
     Petri
     Pitts
     Platts
     Poe (TX)
     Posey
     Price (GA)
     Putnam
     Radanovich
     Rehberg
     Reichert
     Roe (TN)
     Rogers (AL)
     Rogers (KY)
     Rogers (MI)
     Rohrabacher
     Rooney
     Ros-Lehtinen
     Roskam
     Ross
     Royce
     Ryan (WI)
     Scalise
     Schmidt
     Schock
     Sensenbrenner
     Sessions
     Shadegg
     Shimkus
     Shuler
     Shuster
     Simpson
     Skelton
     Smith (NE)
     Smith (NJ)
     Smith (TX)
     Stearns
     Sullivan
     Tanner
     Taylor
     Teague
     Terry
     Thompson (PA)
     Thornberry
     Tiahrt
     Tiberi
     Turner
     Upton
     Walden
     Westmoreland
     Whitfield
     Wilson (SC)
     Wittman
     Wolf
     Young (AK)
     Young (FL)

                               NOES--230

     Ackerman
     Adler (NJ)
     Andrews
     Arcuri
     Baca
     Baird
     Baldwin
     Barrow
     Bean
     Becerra
     Berkley
     Berman
     Berry
     Bishop (GA)
     Bishop (NY)
     Blumenauer
     Boccieri
     Boswell
     Boyd
     Brady (PA)
     Braley (IA)
     Butterfield
     Cao
     Capps
     Capuano
     Cardoza
     Carnahan
     Carney
     Carson (IN)
     Castor (FL)
     Chu
     Clarke
     Clay
     Cleaver
     Clyburn
     Cohen
     Connolly (VA)
     Conyers
     Cooper
     Costa
     Costello
     Courtney
     Crowley
     Cuellar
     Cummings
     Dahlkemper
     Davis (AL)
     Davis (CA)
     Davis (IL)
     DeFazio
     DeGette
     Delahunt
     DeLauro
     Dicks
     Dingell
     Doggett
     Donnelly (IN)
     Doyle
     Driehaus
     Edwards (MD)
     Ellison
     Ellsworth
     Engel
     Eshoo
     Etheridge
     Farr
     Fattah
     Filner
     Foster
     Frank (MA)
     Fudge
     Garamendi
     Giffords
     Gonzalez
     Gordon (TN)
     Grayson
     Green, Al
     Green, Gene
     Grijalva
     Gutierrez
     Hall (NY)
     Halvorson
     Hare
     Harman
     Hastings (FL)
     Heinrich
     Herseth Sandlin
     Higgins
     Hill
     Himes
     Hinchey
     Hinojosa
     Hirono
     Holt
     Honda
     Hoyer
     Inslee
     Israel
     Jackson (IL)
     Jackson Lee (TX)
     Johnson (GA)
     Johnson, E. B.
     Kagen
     Kanjorski

[[Page 10731]]


     Kaptur
     Kennedy
     Kildee
     Kilpatrick (MI)
     Kilroy
     Kind
     Kirkpatrick (AZ)
     Kissell
     Klein (FL)
     Kosmas
     Kratovil
     Kucinich
     Langevin
     Larsen (WA)
     Larson (CT)
     Lee (CA)
     Levin
     Lewis (GA)
     Lipinski
     Loebsack
     Lofgren, Zoe
     Lowey
     Lujan
     Lynch
     Maffei
     Maloney
     Markey (CO)
     Markey (MA)
     Matheson
     Matsui
     McCarthy (NY)
     McCollum
     McDermott
     McGovern
     McMahon
     McNerney
     Meek (FL)
     Meeks (NY)
     Melancon
     Michaud
     Miller (NC)
     Miller, George
     Mitchell
     Mollohan
     Moore (KS)
     Moore (WI)
     Moran (VA)
     Murphy (CT)
     Murphy (NY)
     Murphy, Patrick
     Nadler (NY)
     Napolitano
     Neal (MA)
     Oberstar
     Obey
     Olver
     Ortiz
     Owens
     Pascrell
     Pastor (AZ)
     Payne
     Perlmutter
     Perriello
     Peters
     Pingree (ME)
     Polis (CO)
     Pomeroy
     Price (NC)
     Quigley
     Rahall
     Rangel
     Reyes
     Richardson
     Rodriguez
     Rothman (NJ)
     Roybal-Allard
     Ruppersberger
     Rush
     Ryan (OH)
     Salazar
     Sanchez, Linda T.
     Sanchez, Loretta
     Sarbanes
     Schakowsky
     Schauer
     Schiff
     Schrader
     Schwartz
     Scott (GA)
     Scott (VA)
     Serrano
     Sestak
     Shea-Porter
     Sherman
     Sires
     Slaughter
     Smith (WA)
     Snyder
     Space
     Speier
     Spratt
     Stark
     Stupak
     Sutton
     Thompson (CA)
     Thompson (MS)
     Tierney
     Titus
     Tonko
     Towns
     Tsongas
     Van Hollen
     Velazquez
     Visclosky
     Walz
     Wasserman Schultz
     Waters
     Watson
     Watt
     Waxman
     Weiner
     Welch
     Wilson (OH)
     Woolsey
     Wu
     Yarmuth

                             NOT VOTING--15

     Barrett (SC)
     Brown (SC)
     Brown, Corrine
     Cantor
     Deutch
     Fallin
     Gohmert
     Hodes
     Hoekstra
     Inglis
     Linder
     Miller (FL)
     Myrick
     Pallone
     Wamp


                Announcement by the Speaker Pro Tempore

  The SPEAKER pro tempore (during the vote). There are 2 minutes 
remaining in this vote.

                              {time}  1744

  Messrs. SHERMAN and OBEY changed their vote from ``aye'' to ``no.''
  So the motion to recommit was rejected.
  The result of the vote was announced as above recorded.
  The SPEAKER pro tempore. The question is on the passage of the bill.
  The question was taken; and the Speaker pro tempore announced that 
the ayes appeared to have it.


                             Recorded Vote

  Mr. LEVIN. Mr. Speaker, I demand a recorded vote.
  A recorded vote was ordered.
  The SPEAKER pro tempore. This will be a 5-minute vote.
  The vote was taken by electronic device, and there were--ayes 247, 
noes 170, not voting 15, as follows:

                             [Roll No. 363]

                               AYES--247

     Ackerman
     Adler (NJ)
     Altmire
     Andrews
     Arcuri
     Baca
     Baird
     Baldwin
     Barrow
     Bean
     Becerra
     Berkley
     Berman
     Bishop (GA)
     Bishop (NY)
     Blumenauer
     Boccieri
     Boren
     Boswell
     Boucher
     Brady (PA)
     Braley (IA)
     Bright
     Butterfield
     Cao
     Capps
     Capuano
     Cardoza
     Carnahan
     Carney
     Carson (IN)
     Castle
     Castor (FL)
     Chandler
     Childers
     Chu
     Clarke
     Clay
     Cleaver
     Clyburn
     Cohen
     Connolly (VA)
     Conyers
     Costello
     Courtney
     Critz
     Crowley
     Cuellar
     Cummings
     Dahlkemper
     Davis (AL)
     Davis (CA)
     Davis (IL)
     Davis (TN)
     DeFazio
     DeGette
     Delahunt
     DeLauro
     Dent
     Dicks
     Dingell
     Doggett
     Donnelly (IN)
     Doyle
     Driehaus
     Edwards (MD)
     Ellison
     Ellsworth
     Engel
     Eshoo
     Etheridge
     Farr
     Fattah
     Filner
     Foster
     Frank (MA)
     Fudge
     Garamendi
     Giffords
     Gonzalez
     Gordon (TN)
     Grayson
     Green, Al
     Green, Gene
     Grijalva
     Gutierrez
     Hall (NY)
     Halvorson
     Hare
     Harman
     Hastings (FL)
     Heinrich
     Higgins
     Hill
     Himes
     Hinchey
     Hinojosa
     Hirono
     Holden
     Holt
     Honda
     Hoyer
     Inslee
     Israel
     Jackson (IL)
     Jackson Lee (TX)
     Johnson (GA)
     Johnson, E. B.
     Kagen
     Kanjorski
     Kaptur
     Kennedy
     Kildee
     Kilpatrick (MI)
     Kilroy
     Kind
     Kirk
     Kirkpatrick (AZ)
     Kissell
     Klein (FL)
     Kosmas
     Kratovil
     Kucinich
     Langevin
     Larsen (WA)
     Larson (CT)
     Lee (CA)
     Levin
     Lewis (GA)
     Lipinski
     Loebsack
     Lofgren, Zoe
     Lowey
     Lujan
     Lynch
     Maffei
     Maloney
     Markey (CO)
     Markey (MA)
     Marshall
     Matheson
     Matsui
     McCarthy (NY)
     McCollum
     McDermott
     McGovern
     McIntyre
     McMahon
     McNerney
     Meek (FL)
     Meeks (NY)
     Melancon
     Michaud
     Miller (NC)
     Miller, George
     Minnick
     Mollohan
     Moore (KS)
     Moore (WI)
     Moran (VA)
     Murphy (CT)
     Murphy (NY)
     Murphy, Patrick
     Nadler (NY)
     Napolitano
     Neal (MA)
     Nye
     Oberstar
     Obey
     Olver
     Ortiz
     Owens
     Pascrell
     Pastor (AZ)
     Paul
     Payne
     Perlmutter
     Perriello
     Peters
     Pingree (ME)
     Polis (CO)
     Pomeroy
     Price (NC)
     Quigley
     Rahall
     Rangel
     Reyes
     Richardson
     Rodriguez
     Ross
     Rothman (NJ)
     Roybal-Allard
     Ruppersberger
     Rush
     Ryan (OH)
     Salazar
     Sanchez, Linda T.
     Sanchez, Loretta
     Sarbanes
     Schakowsky
     Schauer
     Schiff
     Schrader
     Schwartz
     Scott (GA)
     Scott (VA)
     Serrano
     Sestak
     Shea-Porter
     Sherman
     Shuler
     Sires
     Skelton
     Slaughter
     Smith (WA)
     Snyder
     Space
     Speier
     Spratt
     Stark
     Stupak
     Sutton
     Tanner
     Taylor
     Teague
     Thompson (CA)
     Thompson (MS)
     Tierney
     Titus
     Tonko
     Towns
     Tsongas
     Van Hollen
     Velazquez
     Visclosky
     Walz
     Wasserman Schultz
     Waters
     Watson
     Watt
     Waxman
     Weiner
     Welch
     Wilson (OH)
     Woolsey
     Wu
     Yarmuth

                               NOES--170

     Aderholt
     Akin
     Alexander
     Austria
     Bachmann
     Bachus
     Bartlett
     Barton (TX)
     Berry
     Biggert
     Bilbray
     Bilirakis
     Bishop (UT)
     Blackburn
     Blunt
     Boehner
     Bonner
     Bono Mack
     Boozman
     Boustany
     Boyd
     Brady (TX)
     Broun (GA)
     Brown-Waite, Ginny
     Buchanan
     Burgess
     Burton (IN)
     Buyer
     Calvert
     Camp
     Campbell
     Capito
     Carter
     Cassidy
     Chaffetz
     Coble
     Coffman (CO)
     Cole
     Conaway
     Cooper
     Costa
     Crenshaw
     Culberson
     Davis (KY)
     Diaz-Balart, L.
     Diaz-Balart, M.
     Djou
     Dreier
     Duncan
     Edwards (TX)
     Ehlers
     Emerson
     Flake
     Fleming
     Forbes
     Fortenberry
     Foxx
     Franks (AZ)
     Frelinghuysen
     Gallegly
     Garrett (NJ)
     Gerlach
     Gingrey (GA)
     Goodlatte
     Granger
     Graves (GA)
     Graves (MO)
     Griffith
     Guthrie
     Hall (TX)
     Harper
     Hastings (WA)
     Heller
     Hensarling
     Herger
     Herseth Sandlin
     Hunter
     Issa
     Jenkins
     Johnson (IL)
     Johnson, Sam
     Jones
     Jordan (OH)
     King (IA)
     King (NY)
     Kingston
     Kline (MN)
     Lamborn
     Lance
     Latham
     LaTourette
     Latta
     Lee (NY)
     Lewis (CA)
     Linder
     LoBiondo
     Lucas
     Luetkemeyer
     Lummis
     Lungren, Daniel E.
     Mack
     Manzullo
     Marchant
     McCarthy (CA)
     McCaul
     McClintock
     McCotter
     McHenry
     McKeon
     McMorris Rodgers
     Mica
     Miller (MI)
     Miller, Gary
     Mitchell
     Moran (KS)
     Murphy, Tim
     Neugebauer
     Nunes
     Olson
     Paulsen
     Pence
     Peterson
     Petri
     Pitts
     Platts
     Poe (TX)
     Posey
     Price (GA)
     Radanovich
     Rehberg
     Reichert
     Roe (TN)
     Rogers (AL)
     Rogers (KY)
     Rogers (MI)
     Rohrabacher
     Rooney
     Ros-Lehtinen
     Roskam
     Royce
     Ryan (WI)
     Scalise
     Schmidt
     Schock
     Sensenbrenner
     Sessions
     Shadegg
     Shimkus
     Shuster
     Simpson
     Smith (NE)
     Smith (NJ)
     Smith (TX)
     Stearns
     Sullivan
     Terry
     Thompson (PA)
     Thornberry
     Tiahrt
     Tiberi
     Turner
     Upton
     Walden
     Westmoreland
     Whitfield
     Wilson (SC)
     Wittman
     Wolf
     Young (AK)
     Young (FL)

                             NOT VOTING--15

     Barrett (SC)
     Brown (SC)
     Brown, Corrine
     Cantor
     Deutch
     Fallin
     Gohmert
     Hodes
     Hoekstra
     Inglis
     Miller (FL)
     Myrick
     Pallone
     Putnam
     Wamp


                Announcement by the Speaker Pro Tempore

  The SPEAKER pro tempore (during the vote). There are 2 minutes 
remaining in this vote.

                              {time}  1751

  So the bill was passed.
  The result of the vote was announced as above recorded.
  A motion to reconsider was laid on the table.

                          ____________________